Commonwealth Consolidated Acts

FUEL TAX ACT 2006 - SECT 61.5

  (1)   If your * assessed net fuel amount for a * tax period or * fuel tax return period is less than zero, the Commissioner must, on behalf of the Commonwealth, pay that * amount (expressed as a positive amount) to you.

Note 1:   See Division   3A of Part   IIB of the Taxation Administration Act 1953 for the rules about how the Commissioner must pay you. Division   3 of Part   IIB of that Act allows the Commissioner to apply the amount owing as a credit against tax debts that you owe to the Commonwealth.

Note 2:   Interest is payable under the Taxation (Interest on Overpayments and Early Payments) Act 1983 if the Commissioner is late in paying the amount.

  (2)   However, if:

  (a)   the Commissioner amends the * assessment of your * net fuel amount for a * tax period or * fuel tax return period; and

  (b)   your * assessed net fuel amount before the amendment was less than zero; and

  (c)   the * amount that, because of the assessment, was:

  ( i )   paid; or

  (ii)   applied under the Taxation Administration Act 1953 ;

    exceeded the amount (including a nil amount) that would have been payable or applicable had your assessed net fuel amount always been the later assessed net fuel amount;

you must pay the excess to the Commissioner as if:

  (d)   the excess were an assessed net fuel amount for that period; and

  (e)   that assessed net fuel amount were an amount greater than zero and equal to the amount of the excess; and

  (f)   despite section   61 - 10, that assessed net fuel amount became payable, and due for payment, by you at the time when the amount was paid or applied.

Note:   Treating the excess as if it were an assessed net fuel amount has the effect of applying the collection and recovery rules in Part   3 - 10 in Schedule   1 to the Taxation Administration Act 1953 , such as a liability to pay the general interest charge under section   105 - 80 in that Schedule.